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“creditworthiness of the creditor”

Cash Credits & Unexplained ItemsSection 68Section 68914 judgments

The decision most relied on for creditworthiness of the creditor is CIT v. Orissa Corporation Pvt. Ltd. (159 ITR 78), cited in 897 judgments on BharatTax.

Leading authorities on creditworthiness of the creditor

CIT v. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

DCIT v. Rohini Builders
256 ITR 360 · 2002 · High Court
489
citing judgments

An assessee discharges the initial onus under Section 68 for cash credits by providing creditor details like PAN and addresses, proving creditworthiness via banking transactions, and demonstrating genuineness, especially when loans are repaid through cheques.

Roshan Di Hatti v. CIT
107 ITR 938 · 1977 · Supreme Court
477
citing judgments

An assessee bears the onus to prove the identity, creditworthiness, and genuineness of any cash credit or transaction. If the assessee fails to discharge this burden with cogent evidence and explanation, the Assessing Officer is justified in making additions to their income, and no further burden lies on the revenue.

CIT v. Precision Finance Pvt. Ltd.
208 ITR 465 · 1994 · High Court
427
citing judgments

When an assessee seeks to explain a cash credit under Section 68, they must prove the identity of the creditors, their creditworthiness or capacity to advance money, and the genuineness of the transactions. The burden of proof is not discharged merely by filing confirmatory letters or demonstrating banking channel transactions.

CIT v. Divine Leasing & Finance Ltd.
299 ITR 268 · 2008 · High Court
426
citing judgments

The Assessing Officer cannot add share capital or share premium amounts if the assessee provides the identity and creditworthiness of the subscriber and establishes the genuineness of the transaction. The court may admit additional evidence under Rule 46A, such as the PAN identity of the creditor.

Judgments citing creditworthiness of the creditor

Promise Securities P.Ltd, Mumbai vs. ITO 13(1)(4), Mumbai

In the result, the appeals filed by the assessee are allowed

ITA 1051/MUM/2017[2012-13]Status: DisposedITAT Mumbai25 Feb 2022AY 2012-13

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 1051/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2012-13) & आयकर अपील सं/ I.T.A. No. 4852/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2013-14) Promise Securities Pvt. Ltd. बिधम/ Ito Ward-13(1)(4) 202 Hemlok Apartment 87 Room No.216-B, Aayakar Vs. Kilachand Path, S.V. Road, Bhawan, M.K. Road, Kandivali (West), Mumbai- Mumbai-400020. 400067. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacp6634N (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri Mehul Jain (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/12/2021 घोषणा की तारीख /Date Of Pronouncement: 25/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -21, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2012- 13 & 2013-14. Ita. No.1051/Mum/2017 2. The Assessee Has Filed The Present Appeal Against The Order Dated 23.01.2017 Passed By The Commissioner Of Income Tax (Appeals) -21

For Appellant: NoneFor Respondent: Shri Mehul Jain (Sr. AR)
Section 133(6)Section 143(1)Section 143(2)Section 14ASection 68

also took the unsecured loan of Rs.66,00,000/- from the different parties but the assessee failed to prove the identity, genuineness and creditworthiness of the creditors, therefore, the same was disallowed and added to the income of the assessee. The assessee also paid the interest to the tune

ITO 1(3)(2), Mumbai vs. Suntech Peripherals P.Ltd, Mumbai

The appeal stands dismissed

ITA 3502/MUM/2017[2012-13]Status: DisposedITAT Mumbai18 Feb 2022AY 2012-13

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील िं./ I.T.A. No. 3502/Mum/2017 (धििाारण वर्ा / Assessment Year: 2012-13 Ito – 1(3)(2) M/S Suntech Peripherals Pvt. Ltd. 5Th Floor, R. No. 541 बिाम 2-B, Prem Kutir, 177 Aaykar Bhavan, M. K. Road Babubhai Chinoi Road / Vs. Mubmai-400 020 Marine Drive, Mumbai-400 020 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aabcs-6873-P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Prakash Jotwani – Ld. Ar Revenue By : Shri Hoshang Boman Irani – Ld. Dr ुनवाई की तारीख/ : 24/11/2021 Date Of Hearing घोषणा की तारीख / : 18/02/2022 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2012-13 Arises Out Of The Order Of Learned Commissioner Of Income-Tax (Appeals)-3, Mumbai [Cit(A)], Dated 28/02/2017 In The Matter Of Assessment Framed By Ld. Ao U/S 143(3) On 30/03/2015. The Grounds Raised By The Revenue Read As Under: - 1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Erred In Deleting The Addition Of Share Premium Received On The Ground That It Was A Capital Receipt When In Reality There Is Accretion To Assets Without A Corresponding Increase In Claimable Liability (Shares & Premium Reserve) & Therefore Determining The Nature Of Such Receipt Of Share Premium As Income On It Remaining

For Appellant: Shri Prakash Jotwani – Ld. ARFor Respondent: Shri Hoshang Boman Irani – Ld. DR
Section 143(3)Section 68

genuineness of the amount received towards the share application money and the premium, identity of the creditors, genuineness of the transactions and the creditworthiness of the creditor by filing relevant documents. Further the AO has not brought on record any evidence to show that the explanation of the appellant

Pearls News Network Pvt. Ltd., New Delhi vs. DCIT, Circle- 19(2), New Delhi

In the result, the appeal filed by the assessee is dismissed

ITA 3715/DEL/2018[2012-13]Status: DisposedITAT Delhi21 Dec 2021AY 2012-13

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2012-13 Pearls News Network Pvt. Ltd., Vs Dcit, 705, 7Th Floor, Manjusha Building, Circle-19(2), Nehru Place, New Delhi. New Delhi. Pan: Aaecp3680L (Appellant) (Respondent) Assessee By : None Revenue By : Shri Anil Gandhi, Sr. Dr Date Of Hearing : 07.12.2021 Date Of Pronouncement : 21.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14Th July, 2017 Of The Cit(A)-31, New Delhi, Relating To Assessment Year 2012-13. 2. None Appeared On Behalf Of The Assessee At The Time Of Hearing. No Application Seeking Adjournment Of The Appeal Has Been Filed. A Perusal Of The Order Sheet Entries Shows That Although The Case Was Fixed For Hearing On Various Dates, No One Was Appearing. Further, The Notices Sent By Rpad Were Returned By The Postal Authorities With The Remark ‘Left.’ The Assessee Has Also Not Taken Any Step To Intimate The Change Of Address, If Any. Further, The Notice Was Directed To Be Served By The Revenue & The Departmental Notice Server Who Was Deputed To Serve The Dasti Summons Has Reported That The Premise Of The Assessee Was Closed & No One Was Residing There For Which The Notice Was Fixed At The Gate Of The Assessee Company. The Report Of The Notice Server Is Also Placed On Record. Under These Circumstances, We Deem It Proper To Decide The Appeal On The Basis Of The Material Available & After Hearing The Ld. Dr.

For Appellant: NoneFor Respondent: Shri Anil Gandhi, Sr. DR
Section 144Section 30Section 37(1)Section 68

this burden, the assessee is required to prove (i) the Identity of the creditors, (ii) the genuineness of the transaction, and (iii) the creditworthiness of the creditors. However, in the case under consideration, the above onus was not discharged by the appellant. During the assessment proceedings/the Id. AO asked ... return, balance sheet etc. do not sufficiently establish the cash credit of Rs. 4 Crores as the same does not establish the creditworthiness of the creditor. Moreover, in order to verify the cash credit, the Ld. AO issued notice to PACL India Ltd., which refused to receive the same

Ramesh Chand Investment & Leasing Pvt. Ltd., New Delhi vs. ACIT, Circle- 21(2), New Delhi

ITA 6009/DEL/2017[2004-05]Status: DisposedITAT Delhi07 Dec 2021AY 2004-05

Bench: Smt. Diva Singh & Shri R.K. Pandaassessment Year: 2004-05 Ramesh Chand Investment & Vs. Acit, Leasing Pvt. Ltd., Circle-21(2), 69/2A, Najafgarh Road Industrial New Delhi. Area, New Delhi. Pan:Aaccr3585Q (Appellant) (Respondent) Assessee By : None Revenue By : Shri Anilgandhi, Sr. Dr Date Of Hearing : 06.12.2021 Date Of Pronouncement : 07.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 1St March,2013 Of The Cit(A)-18, New Delhi, Relating To Assessment Year 2004-05. 2. None Appeared On Behalf Of The Assessee At The Time Of Hearing. No Application For Adjournment Of Hearing Has Been Filed. A Perusal Of The Order Sheet Entries Shows That No One Was Appearing On The Previous Occasions. Although Notices Have Been Sent By The Registry Through Rpad, Every Time The Same Was Returned By The Postal Authorities With The Remark ‘No Such Person In The Address.’ The Assessee Has Also Not Taken Any Step To Intimate The Change Of Address, If Any. Under These Circumstances, We Deem It Proper To Decide The Appeal On The Basis Of The Material Available On Record & After Hearing The Ld. Dr.

For Appellant: NoneFor Respondent: Shri AnilGandhi, Sr. DR
Section 143(2)Section 144Section 147Section 148

loan. 8 The amount had been deposited in cash and in spite of enquiry; the source of the deposit was not explained. The creditworthiness of the creditors to make the payment was not clear from the income shown by them. There was no infirmity in the reasoning given ... authorities in bringing to tax the sum of Rs. 11.82 lacs. (ii) That the assessee had not been able to prove the creditworthiness of the creditors with respect to the cash credit of Rs. 5 lakhs. All the persons involved failed to respond to the summons. The assessee received